People v. Graziosa

OPINION OF THE COURT

Robert M. Stolz, J.

The defendant was convicted of assault in the third degree (Penal Law § 120.00 [1]) following a jury trial. He now moves *800to set aside that verdict pursuant to Criminal Procedure Law § 330.30 (1), arguing that the admission into evidence of testimony that he had been smiling following his arrest and the prosecutor’s reference to that testimony in summation were errors which would require reversal as a matter of law if raised upon appeal. The motion is denied. The court finds: (1) the evidence was properly received as probative of the defendant’s state of…